Chapter 3

Commerce Clause

Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

Necessary and Proper Clause

Article I, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Regulated Federalism

a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards

Devolution

a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments

Cooperative Federalism

a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals; also known as "intergovernmental cooperation"

New Federalism

attempts by presidents Nixon and Reagan to return power to the states through block grants

Concurrent Powers

authority possessed by both state and national governments, such as the power to levy taxes

Categorical Grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law

Block Grant

federal grants-in-aid that allow states considerable discretion in how the funds are spent

Block Grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

Project Grants

grant programs in which state and local gov'ts submit proposals to federal agencies and for which funding is provided on a competitive basis

Formula Grants

grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

Home Rule

power delegated by the state to a local unit of government to manage its own affairs

Police Powers

power reserved to the state government to regulate the health, safety, and morals of its citizens

Implied Powers

powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

Reserve Powers

powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states

Grants in Aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

Full Faith and Credit Clause

provision from Article IV, Section 1 of the Constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state

Privileges and Immunities Clause

provision, from article 4, section 2, of the constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges

Unfunded Mandate

regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government

The New Deal

series of economic reforms (laws) that expanded Federal Government power over economy

Preemption

the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack

States' Rights

the principle that the states should oppose the increasing authority of the national government, this principle was most popular in the period before the Civil War

General Revenue Sharing

the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments

Dual Federalism

the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments